Finance Committee Rejects State’s Attorney’s Advice to Bid

Donna Kelly

Donna Kelly

At the Finance and Audit Committee two items that the McHenry County State’s Attorney’s Office said should be put out for bid were not.

One item would take $82,578.56 from the Sheriff’s Inmate Profit Fund to buy cameras from Tazor international for Sheriff’s Deputies to wear while on duty.

The second was a three-year $49,765 contract with LexisNexis Online Law Llbrrary Services for inmates.

The opinion, written by Civil Division Chief Donna Kelly, says that they should be competitively bid.

She notes that no exception from bidding purchases over $30,000 exists, except for professional services.

That’s state law, she pointed out.

She quotes a 1992 court case which found,

“compliance with the statute is mandatory, and failure to comply renders the resultant contract invalid.”

Each vendor claims to be a sole source, but Kelly points to competitive bidding for online sources of legal research services which LexisNexis competitor Westlaw won last year.

Bianchi Legal Opinion re Sheriff's Purchase 11-6-14 p1Bianchi Legal Opinion re Sheriff's Purchase 11-6-14 p2
The vote to ignore the State’s Attorney’s advice was 4-3. That sent the two purchases to the County Board floor.

Bodfy camera sources

A half second search on Google found this body camera sources.

Voting in favor of spending the money without competitive bids were

  • Mary McCann, who chairs the Finance Committee
  • Jim Heisler, acting Chairman of the County Board
  • Yvonne Barnes
  • Mike Skala

Voting against the resolution were

  • John Hammerand
  • Donna Kurtz
  • Nick Provenzano

The money for both purchases is to come from the Inmate Profit Account.


Comments

Finance Committee Rejects State’s Attorney’s Advice to Bid — 38 Comments

  1. When the States Attorney’s office points out the law to you, how can you go against it?

  2. voter: It is also illegal to operate a motor vehicle while under the ‘influence’.

    But the courts have ruled it is OK for politicians to lie.

    It is illegal to use a social security number that is not yours but the guy in the White House uses a social security number that was not issued to him.

    It is illegal to enter our country or stay in our country if your visa is expired but we issue driver licenses to illegal aliens.

    MOST POLITICIANS ARE A VERY CONFUSED BUNCH!!

    Just go to a Board meeting and observe how confused they really are.

    They are so confused that they believe they are ABOVE THE LAW.

  3. Pray we can get some honest people to run for the County Board in 2016!!

    Mary McCann who displays behavior unbecoming an elected official needs to be replaced in 2016!

    Heisler was just re-elected but Barnes and Skala are up for election in 2016 and need to be replaced also!!

    The four who voted YES are an embarrassment to the County and leave the taxpayers on the hook for possible unnecessary legal expenses!!

    Anyone remember the Grafton Township mess?

  4. I am not now, nor have I ever been, a member of the Finance Committee.

  5. Guess who the people that supported the spending supported for Sheriff???

    Hint – not Prim.

    Gus P. take a look at this.

  6. ‘Inmate Profit Account’? Government actually believes it creates profit?

    Would someone drill into the thick tungsten carbide plate, of the skull of the bureaucrat who labeled this account, that it is impossible for Government to create ‘profit’.

    Government only creates ginormous expense.

  7. Bill, because they want to mess with Bill.

    Because they can.

    You can see who needs to be voted out.

  8. The Lexus-Nexis Online LAW Library Services…….” FOR”…… INMATES ??????????

  9. Remember the Power Plant. .

    People should all attend the board meeting and ask the 4 people why they are breaking the law.

    Can’t the States Attorney’s office charge them FOR breaking the law?

  10. Not sure what exactly the article is talking about but I’m pretty sure that the inmate commissary profit fund cannot legally be used to purchase cameras for deputies.

    It is used to purchase legal library systems for inmate use as allowed by statute.

  11. Zinke spending down the inmate account –

    CAMERAS HAVE NOTHING TO DO WITH BENEFITING INMATES.

  12. Well, well, well!

    Now we hear that Tina Hill has chosen the husband of the Director of Human Resources to represent her for the DUI charge!

    The NEW HR director who apparently also comes from Lake County just like Peter Austin and Dennis Sandquist!

    It will be interesting to observe how the full Board votes on the spending spree being conducted by Zinke and company!

  13. I’m pretty sure court decisions have made it clear that inmates can do their own legal work.

  14. Why is all this money allowed to be spent just weeks before Prim takes over?

    I agree with Bill Nealson.

  15. voter, et al – Call the county Board members.

    They answer to YOU.

    Go to the meetings and hold them accountable.

    Zinke and company have had a candy store at their disposal.

  16. What we need in McHenry County is few more Donna Kelly’s, to stop things like this from happening..

  17. Maybe Donna Kelly should be on the Finance Committee…….

    She would be an asset.

  18. Here we have the State’s Attorney’s Office looking out for the people of McHenry County.

    Donna Kelly gives her opinion based on the law and look what 4 stupid people do.

    They decide to spend the money without bidding???

    These 4 are not looking out for the citizens and should be out.

    Maybe this would be a good article for the papers.

    Thank you Ms. Kelly for being concerned and I’m sorry we have these 4 dummies to contend with.

  19. In 2016 I think Donna Kelly should run for the County Board. !!!!!!!!!

  20. We all know (don’t we?) that Donna Kelly is dating Mr. Prim?

    It seems to me that since the county board doesn’t feel that they have to obey they LAW, and can do what they want (until they waste more tax payer dollars to defend their stupidity when their stance is over-turned) that we, as citizens, don’t have to obey the county regulations that these twits have placed on our freedoms, property, rights, etc.

    They get free legal advise from a competent attorney in charge of the CIVIL division of the State’s Attorney’s office, and seem to think they’re above the civil laws of this State, corrupt as it is already.

    Brilliant!

    We elected them; we got whata we deserved.

    BTW, for FYI; Gus lives in one of the Carolinas, NOT Woodstock. Who gives a rats butt what he thinks or comments about?

  21. McCann and Skala will suck every last dollar out of the taxpayers, whether for themselves in perks or approving waste like this.

    Does Jim Heisler duck controversy?

    and, Yvonne, have you lost interest?

    Unless things change, your seats are all on the block, and you have only yourselves to blame.

  22. AZ – When did you turn a corner?

    You were the anti everything good guy.

    Remember reading your posts far back, Nothing nice.

    All kinds of dumping on Bianchi.

    Good things to say about Zinke.

    Got your finger to the wind??

  23. As Ms. Kelly points out in her memo, last year’s procurement of online legal services was “…for attorneys and other County officials, as well as law library patrons.”

    Accordingly, we shouldn’t now have to take out — at the full retail price — a new stand-alone Westlaw subscription for the jail.

    Perhaps Westlaw might (as part of the current arrangement, and for an incremental fee) extend a license to set up a remote terminal in the jail.

    As an alternative to competitive bidding, online legal research services might, in the future, be procured through existing governmental purchasing pools.

    And as for McHenry County prisoners being construed as a “profit center” — well, don’t get me started on that one.

  24. FYI; finger is firnly attached to the rest of the hand, waiving good-bye to common sense when it comes to obeying a legal opinion BASED on FACTS presented by a legal official!

    There are differences between legal facts and opinions based on emotion and averice.

    My support of Zinke was, and is, correct.

    Still here people are jumping on Zinke based on nothing legal, just hate, again based upon whinning of others.

    Zinke did this with Rita and the DEA, Zinke did that with certain investigations, etc.

    “Wait till THIS gets to court!”

    Nothing had then, or now, come of anything he’s done that should cause him concern.

    But, however, I thought we were talking about the county board doing something wrong here?

    Have YOU researched her brief, or are you just “jumping” to another unbiased opinion?

  25. McHenry County Board
    Finance & Audit Committee
    Public Meeting
    11/10/2014 9:30 AM (November 10, 2014)
    County Board Conference Room
    667 Ware Rd, Administration Building, Woodstock, IL 60098

    5. New Business

    10. Resolution Authorizing the Purchase of Body Worn Cameras for McHenry County Correctional Staff
    from Taser International
    – Resolution Printout
    a. TASER AXON Sole Source US
    b. Body worn cameras for Corrections quote

    13. Resolution Authorizing a Three Year Subscription Contract with LexisNexis for Online Federal and
    State Law Library Services for the Inmates in the County Jail
    – Resolution Printout
    a. Lexis Nexis Fed Law Library 3 year Quote
    b. Lexis Nexis State Law Library 3 yr Quote
    c. Bender Sole Source – Shepard’s
    http://mchenrycountyil.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2990

  26. RESOLUTION

    RESOLUTION AUTHORIZING THE PURCHASE OF BODY WORN CAMERAS FOR MCHENRY COUNTY CORRECTIONAL STAFF FROM TASER INTERNATIONAL.

    WHEREAS, the Sheriff has identified the need to replace and increase the current inventory of body worn cameras for personnel in the McHenry County Correctional Facility and update the camera software and storage capability; and

    WHEREAS, recent Prison Rape Elimination Act (PREA) legislation calls for increased use of video surveillance technology for the safety and protection of inmates; and

    WHEREAS, Taser International as submitted a sole source letter, a copy of which is attached as exhibit A (attached hereto and made part of) and has been approved by the Director of Purchasing; and

    WHEREAS, the Inmate Profit Account has sufficient funds to cover the costs to be incurred in the
    replacement of the current video surveillance equipment and technology.

    NOW, THEREFORE BE IT RESOLVED, by this County Board of McHenry County, Illinois that the Sheriff is hereby authorized to enter into a contract with Taser International of Scottsdale, Arizona for a total cost of $82,078.56 for the purchase of hardware, software, support and storage for three years for McHenry County Correctional Personnel; and

    BE IT FURTHER RESOLVED, all costs associated with the correctional body worn camera project will be funded from the Inmate Profit Account, and not from the budget of the County; and

    BE IT FURTHER RESOLVED, that the County Clerk is hereby authorized to distribute a certified copy of this Resolution to the Sheriff; the Director of Purchasing; the Auditor; the Associate County Administrator-Finance; and the County Administrator.

    DATED at Woodstock, Illinois, this 18th day of November, A.D., 2014.

    TINA R. HILL, Chairwoman
    McHenry County Board

    ATTEST:
    KATHERINE C. SCHULTZ, County Clerk

    ATTACHMENTS:
    – TASER AXON Sole Source US (PDF).
    – Body worn cameras for Corrections quote (PDF).

  27. McHenry County Board
    County Board Room
    Woodstock, IL 60098

    Scheduled
    Resolution

    Meeting: 11/10/14 09:30 AM
    Department: Sheriff’s Department
    Category: Budget
    Prepared By: Carolyn Decman
    DOC ID: 3664 A

    TO: McHenry County Board
    FROM: Angela Wood-Zuzevich
    DATE: November 10, 2014
    SUBJECT: Resolution Authorizing the Purchase of Body Worn Cameras for McHenry County Correctional Staff from Taser International

    Board / Committee Action Requested:

    Authorize the use of the Inmate Profit Account Funds to purchase Body Worn Cameras for McHenry County Correctional Personnel, software licensing, and online video storage for three years from Taser International.

    Taser International has provided a sole source letter relative to software and hardware which is attached to this resolution.

    Background and Discussion:

    The Sheriff’s Office has been utilizing body worn cameras in the Corrections Bureau for several years with great success.

    The cameras are used to record interactions with inmates/detainees during investigations, grievances and other types of encounters.

    The equipment we currently have is outdated and in need of replacement.

    This proposal replaces the outdated inventory as well as increases the inventory with current cameras with the newest technology.

    Recent Prison Rape Elimination Act (PREA) legislation calls for increased use of video surveillance technology for the safety and protection of inmates.

    Impact on Human Resources: None

    Impact on Budget (Revenue; Expenses, Fringe Benefits): the funding for this will come out of the Inmate profit account.

    Impact on Capital Expenditures: This is a capital expenditure paid out of the Inmate Profit Account in the amount of $82,078.56 over three years.

    Impact on Physical Space: None

    Impact on Other County Departments or Outside Agencies: None

    Conformity to Board Ordinances and Policies: Yes

    Attachments / Appendices:
    – TASER AXON Sole Source US (PDF)
    – Body worn cameras for Corrections quote (PDF)

    HISTORY:

    11/03/14 Law & Justice RECOMMENDED

    Updated: 10/30/2014 10:18 AM by Kathy Fetterman A

    http://mchenrycountyil.iqm2.com/Citizens/FileOpen.aspx?Type=30&ID=24179&MeetingID=2990

  28. -The above letter is from Angela Wood Zuzevich! And is dated Nov 10, 2014.

    Did she not resign from MCSO several months ago?

  29. Taser
    17800 N. 85th St.
    Scottsdale, Arizona 85255
    480-991-0797
    Fax 480-991-0791
    http://www.TASER.com

    April 17, 2014
    To: United States state, local and municipal law enforcement agencies
    Re: Sole Source Letter for TASER International, Inc.’s AXON® brand products and EVIDENCE.com services

    A sole source justification exists because the following goods and services required to satisfy the agency’s needs are only manufactured and available for purchase from TASER International.

    TASER Digital Evidence Solution Description

    AXON flex™ Camera (DVR)
    – Video playback on mobile devices in the field via Bluetooth pairing
    – Retina Low Light capability sensitive to less than 1 lux
    – Audio tones to alert user of usage
    – High, medium, and low quality recording available (customizable by the agency)
    – 30-second buffering period to record footage before pressing record button
    – Multiple mounting options using magnetic attachment: head, collar, shoulder, helmet, ball cap, car dash, and Oakley sunglass mounts available

    AXON flex Controller
    – 12+ hours of battery operation per shift (even in recording mode)
    – LED lights to show current battery level and operating mode
    – Tactical beveled button design for use in pocket

    AXON body Video Camera
    – Video playback on mobile devices in the field via Bluetooth pairing
    – Retina Low Light capability sensitive to less than 1 lux
    – Audio tones to alert user of usage
    – High, medium, and low quality recording available (customizable by the agency)
    – 30-second buffering period to record footage before pressing record button
    – Multiple mounting options using holster attachment: shirt, vest, belt, and dash mounts available
    – 12+ hours of battery operation per shift (even in recording mode)
    – LED lights to show current battery level and operating mode
    – Tactical beveled button design for use in pocket
    – 130-degree lens

    EVIDENCE.com Dock
    – Automated docking station uploads to EVIDENCE.com services through Internet connection
    – No computer necessary for secure upload to EVIDENCE.com
    – Charges and uploads simultaneously

    EVIDENCE.com Data Management System
    – Hosted data management system that allows agencies to seamlessly manage and share digital evidence
    – No local storage infrastructure or software needed
    – Controlled access to evidence: pre-defined roles and permissions, pre-defined individuals, and passwords (these options are all completely customizable by the agency)
    – Automated category-based evidence retention policies assists with efficient database management
    – Ability to recover deleted evidence within 7 days of deletion
    – Stores and supports all major digital file types: .mpeg, .doc, .pdf, .jpeg, etc.
    – Requires NO proprietary file formats
    – Ability to upload files directly from the computer to EVIDENCE.com via an Internet browser
    – 256-bit AES encryption in storage and transport
    – Storage includes geo-dispersed redundant back-up
    – Automatically tracks all system and user activity
    – Generates real-time Audit Reports in PDF format to show chain-of-custody for evidence
    – Case creation for multiple evidence files
    – Easily create tags, markers and clips
    – 11 indexing fields
    – 7 searchable fields in addition to 5 category-based fields

    EVIDENCE Mobile Application
    – Free app for iOS and Android mobile devices
    – Allows users to capture videos, audio recordings, and photos and upload these files to their
    EVIDENCE.com account from the field
    – Allows adding metadata to these files, such as: Category, Title, Case ID, and GPS data

    AXON Mobile Application
    – Free app for iOS and Android mobile devices
    – Allows user to view the camera feed from a paired AXON body or AXON flex camera in real-time
    – Allows for playback of videos stored on a paired AXON body or AXON flex system
    – Allows adding meta-data to videos, such as: Category, Title, Case ID, and GPS data

    TASER Professional Services
    – Dedicated implementation team
    – Project management and deployment best practices aid
    – Training and train-the-trainer sessions
    – Integration services with other systems

    TASER Customer Support
    – Online and email-based support available 24/7
    – Human phone-based support available Monday–Friday 7:00 AM–5:00 PM MST; support is located in
    Scottsdale, AZ, USA
    – Library of webinars available 24/7
    – Remote-location troubleshooting

    TASER AXON Brand Model Numbers
    1. AXON body Camera Model: 73002 (Includes 73078, 73077, 73004)

    2. AXON body Camera Mounts:
    – Standard Alligator Clip Holster Model: 73075
    – Mini Alligator Clip Holster Model: 73076
    – Belt Clips Model: 73077
    – Bolted Z-Bracket Holster Model: 73078
    – VELCRO Z-Bracket Holster Model: 73079
    – Pocket Mount Holster Model: 73089

    3. AXON body camera full solution kit Model: 73066 (includes several AXON mounts and an iPod touch mobile digital device)

    4. AXON flex Kit Model: 73030 (Includes 73000, 73001, 73005, and 73004)

    5. AXON flex Controller Model: 73001

    6. AXON flex USB Sync Cable/Wall Charger Model: 73004

    7. AXON flex Controller Holsters:
    – Standard Uniform Clip Model: 7300
    – Mini Alligator Clip Model: 73035
    – Belt Clips Model: 73036

    8. AXON flex Camera Mounts:
    – Clip for Oakley Flak Jacket Glasses Model: 73008
    – Collar/Cap/Versatile Mount Model: 73009
    – Epaulette Mount Model: 73011
    – Helmet Mount Model: 73013
    – Low-rider Headband Medium Model: 73010
    – Low-rider Headband Large Model: 73058
    – Ballistics Vest Mount Model: 73059
    – Ratchet Collar Mount Model: 73088
    – Shoei Ratchet Helmet Mount Model: 73090
    – HJC Ratchet Helmet Mount Model: 73091

    9. AXON flex cables:
    – Straight To Right Angle 18″ (45.7 cm) Model: 73022
    – Straight To Right Angle 36″ (91.4 cm) Model: 73005
    – Straight To Right Angle 48″ (122 cm) Model: 73023
    – Straight Angle to Right Angle 36″ (91.4 cm) Coiled Model: 73067
    – Straight Angle to Right Angle 48″ (122 cm) Coiled Model: 73060

    10. EVIDENCE.com Dock Models:
    – EVIDENCE.com Dock – Individual Bay and Core Model: 70023
    – EVIDENCE.com Dock – 6-Bay and Core Model: 70026
    – Core Model: 70027
    – Individual Bay Model: 70028
    – Wall Mount Bracket Assembly Model: 70033

    SOLE AUTHORIZED DISTRIBUTOR FOR AXON BRAND PRODUCTS
    TASER International, Inc.
    17800 N. 85th Street, Scottsdale, AZ 85255
    Phone: 480-905-2000 or 800-978-2737
    Fax: 480-991-0791

    SOLE AUTHORIZED REPAIR FACILITY FOR AXON BRAND PRODUCTS
    TASER International, Inc.
    17800 N. 85th Street, Scottsdale, AZ 85255
    Phone: 480-905-2000 or 800-978-2737
    Fax: 480-991-0791

    Please contact your local TASER sales representative or call us at 1-800-978-2737 with any questions.
    Sincerely,
    Jeff Kukowski
    Chief Operating Officer
    TASER International, Inc.
    http://mchenrycountyil.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3916&MeetingID=2990

  30. TASER International
    Protect Truth

    17800 N 85th St.
    Scottsdale, Arizona 85255
    United States
    Phone: (800) 978-2737
    Fax: (480) 991-0791

    david wienke
    (815) 334-4998
    (815) 338-9285
    dmwienke@co.mchenry.il.us

    Quotation
    Quote: Q-15298-3
    Date: 10/13/2014 10:45 AM
    Quote Expiration: 11/14/2014
    Contract Start Date*: 1/2/2015
    Contract Term: 3 years

    Bill To:
    McHenry County

    Ship To:
    david wienke
    McHenry County

    SALESPERSON: Vince Valentine

    DELIVERY METHOD: Fedex – Ground

    PAYMENT METHOD: Net 30

    *Note this will vary based on the shipment date of the product.

    Year 1 Net 30 Payment Due OCT 2014

    QTY ITEM # DESCRIPTION UNIT PRICE – Total Before Discount – DISC ($) – – NET TOTAL
    50 73002 CAMERA SYSTEM, AXON BODY 399.00 USD – 19,950.00 USD – 19,950.00 USD – 0.00
    etc.
    etc.
    etc.
    etc.
    Many line times
    etc.
    etc.
    etc.

    Year 1 Net 30 Payment Due OCT 2014 Total: USD 51,363.00
    Year 1 Net 30 Payment Due OCT 2014 Net Price: USD 31,413.00

    Year 2–Due OCT 2015
    Year 2–Due OCT 2015 Total: USD 25,293.00
    Year 2–Due OCT 2015 Net Price: USD 25,293.00

    Year 3–Due OCT 2016
    Year 3–Due OCT 2016 Total: USD 25,293.00
    Year 3–Due OCT 2016 Net Price: USD 25,293.00

    Subtotal: USD 81,999.00
    Estimated Shipping & Handling Cost: USD 79.56
    Grand Total: USD 82,078.56

    Complimentary Evidence.com Tier Upgrade Through 12/31/2014
    This quote contains a purchase of either the Basic or Standard Evidence.com license.
    You will temporarily receive the features available with the Professional license for the Basic and Standard licenses purchased until December 31, 2014.
    This is a free upgrade to your account so you can enjoy all the benefits of our most feature rich license tier.
    In January 2015 you will be prompted to select which users you would like to go in which tiers.
    This will have no impact on uploaded data.

    THANK YOU FOR YOUR BUSINESS!
    http://mchenrycountyil.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3917&MeetingID=2990

    Editors Note:
    This is a creative quote.
    You will want to read the quote at the above link.
    – multi-year deal.
    – (50) camera system, body for no charge valued at $19,950.
    Apparently they gave away the camera systems to get the deal and hope to make up the difference with the add-ons or future sales.

  31. Here are the URL’s for the LexisNexis deal.

    http://mchenrycountyil.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=2990&MediaPosition=&ID=3653&CssClass=

    http://mchenrycountyil.iqm2.com/Citizens/FileOpen.aspx?Type=30&ID=23356

    http://mchenrycountyil.iqm2.com/Citizens/FileOpen.aspx?Type=30&ID=23357

    http://mchenrycountyil.iqm2.com/Citizens/FileOpen.aspx?Type=30&ID=23358

    Note:

    This is for access to LexisNexis Federal and State Law Libraries via computer.
    Federal is $927 per month.

    State is $418 per month.

    That’s $1,345 per month.

    Which is $16,140 per year.

    Which is $48,420 for 3 years.

    It’s a 3 year deal.

    The term is Nov 1, 2014 thru Nov 30, 2017, but it’s broken up in a unique fashion.

    Where can the average citizen access LexisNexis for free via a computer?

    Why is the vendor a sole source to online legal services to correctional facilities?

    No one else can provide the service?

    WestLaw?

  32. Here are a couple of fun musings on the Lexis Nexis contract.

    I don’t go to the county board meetings, but someone should feel free to raise these points.

    1. The electronic legal research industry is HIGHLY competitive. In my law office, we switch back and forth between Lexis and Westlaw about twice a decade, and every year I call the account representatives for each service and see if they can beat my current offer. Usually they can.

    2. I’m aware of no law that says you have to give prisoners either Westlaw or Nexis Lexis access. Did they seek a bid from Fastcase? What if they just gave the prisoners access to Google Scholar? Surely Fastcase or Google Scholar would be cheaper solutions.

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